The Madras High Court dismissed a criminal revision petition seeking return of a seized vehicle in an NDPS case. The court held that with investigation pending, releasing the vehicle risks tampering with chassis/engine numbers. The police were directed to expedite investigation and file a charge sheet.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2021
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Criminal Revision Case No.1262 of 2020
G.Thangaraj ... Petitioner/petitioner
..vs..
State rep by its The Inspector of Police, Kitchipalayam Police Station, Kitchipalayam,
Salem District.
(Crime No.575 of 2020) ... Respondent/complaint
Criminal Revision Case filed under Section 397 read with 401 Cr.P.C, to call for the records relating to the proceedings in Cr.M.P.No.409 of 2020 by the Special Judge, EC/NDPS Act Cases Salem, Salem District dated 30.09.2020 in connection with the FIR in Crime No.575 of 2020 on the file of the Inspector of Police, Kitchipalayam Police Station, Kitchipalayam, Salem District and set aside the same.
For Petitioner : Mr. C.Venkatesan for Mr.R.Muruga Bharathi For Respondent : Mr.A.Madhan Government Advocate (Crl.Side)
O R D E R
This Criminal Revision Case has been filed against the order dated 30.09.2020 passed in Crl.M.P.No.409 of 2020, on the file of the learned Special Judge, EC/NDPS Act Cases Salem, Salem District, rejecting the application filed by the petitioner herein under Section 451 Cr.P.C., seeking return of vehicle bearing No.TN 54-T6675, which was involved in the offence under Sections 8(c) r/w 20 (b)(ii)(B) NDPS Act.
3.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that investigation has not yet been completed and charge sheet has also not been filed and hence the vehicle in question cannot be released at this stage.
4.Heard the learned counsel appearing on either side and perused the materials available on record.
5.It is seen that in the present case, investigation is pending and charge sheet is not yet been filed. Under these circumstances, if the vehicle is released, there would be a possibility of changing the Engine and Chassis Numbers, which would defeat the entire case of the prosecution. Hence this Court is not inclined to exercise its discretionary power to entertain the present criminal revision case. However, it is always open to the petitioner to avail his remedy before the appropriate forum, after filing of charge sheet by the respondent police, if he deserves. The respondent police is directed to expedite the investigation and file a charge sheet within a reasonable period of time.
6.With the above observations, this criminal revision case is dismissed.
Sub-Assistant Registrar
ms
To
2 issues framed by the court
Whether a vehicle seized in connection with an NDPS offence can be returned before the filing of the charge sheet.
Whether the court can exercise discretionary power to entertain a criminal revision application for return of seized property during pendency of investigation.
3 provisions across 2 enactments
G. Thangaraj
State represented by Inspector of Police, Kitchipalayam
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
